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STATE v. FEWERWERKER

Nos. 48743 and 48744.

24 Ohio App. 3d 27 (1985)

THE STATE OF OHIO, APPELLANT, v. FEWERWERKER, APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided April 25, 1985.

Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and Thomas Sammon, for appellant.

Levin & Levin Co., L.P.A., Jack M. Levin and Dennis P. Levin, for appellee Jacob Fewerwerker.

KRUPANSKY, J.

The state of Ohio is appealing the trial court's decision that appellee's wife, the only eyewitness to the crime, is not competent to testify against her husband at this trial for the aggravated murder of Paul Roth. Appellee was indicted on one count of aggravated murder with gun specification of Paul Roth, his wife's father, under R.C. 2903.01, and one count of felonious assault with gun specification of Sharon Fewerwerker, his wife, under R.C. 2903...

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